If it's good enough for legitimate theater, then it's good enough for exotic dancers. That's how Kim Gatena sees it and she has gone to court to make her case.\n Gatena, an exotic dancer in Orange County, Fla., filed suit in federal district court challenging the county's public nudity law which makes it illegal to intentionally be nude in a public place. The county, however, makes an exception for nudity that is incidental to or needed to communicate a genuine message or public expression.\n For that reason, the county did nothing to halt the brief nudity contained in a play, Six Appalling People, that ran in the county in April.\n Gatena calls it a double standard because her dancing also conveys a message. When combined with music, a nude woman engaged in dance is a form of art that conveys an important message of sexuality and eroticism, she said in her complaint.\n The dancer said it is unconstitutional for the government to pick and choose what nudity it will allow based on the message or viewpoint of the performer.\n An attorney for the country has a different take on the issue. Joel Prinsell, senior assistant county attorney, said the law can differentiate between nude performances because of adverse secondary effects. Strip club nudity has adverse secondary effects on the community where nudity in legitimate theater doesn't, he said.\n He said a nearly identical ordinance from another Florida county has been upheld in the same federal district court and the by the U.S. Court of Appeals for the 11th Circuit in Atlanta. The county has filed a motion to dismiss the case.
All models were at least 18 years old at the time of their performance. 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.
